There are many privileges of being a New Zealand Resident Visa holder. Naturally, there are also obligations that attach to this status which, for the most part, are easy enough to abide by. It is however important to be aware of some of the key “dos” and “don’ts” of being a Resident so as to avoid issues arising after the grant of residence.

Demonstrating a Commitment to New Zealand

There are differences between a Resident Visa and Permanent Resident Visa.[1] The plain Resident Visa has Travel Conditions – for the first time, they usually span 24 months[2]. This allows the holder multiple entries to and from New Zealand for that period only. When the Travel Conditions expire, a Resident Visa holder should normally be able to apply for a Permanent Resident Visa: a truly indefinite visa with no Travel Conditions. To do so, the Resident must be able to demonstrate a commitment to New Zealand[3] having:[4]

For most Resident Visa holders, the first option is often the easiest. Essentially, it requires them to live in New Zealand for at least 184 days in each 12 month period for the 2 years directly before they apply for Permanent Residence[6].

Where a Resident Visa holder needs more time to meet the “commitment to New Zealand” requirement, they can apply for a Variation of Travel Conditions provided that:[7]

a) they are in New Zealand, or
b) they are outside New Zealand and the Travel Conditions have not expired.

There are other important restrictions which apply to the grant of a Variation of Travel Conditions to those on Resident Visas living outside New Zealand. The Courts have made it clear that it is the visa holder’s responsibility to investigate, understand and meet the conditions of their visa.[8] If you are on a Resident Visa, you must proactively research[9] or seek legal advice on the conditions of your visa because “residence, if not maintained, may be lost.”[10]

Charges and convictions

Another critical point: if you are convicted of an offence whilst on a Resident or even a Permanent Resident Visa, you could face deportation.[11]

Very often, we see a Resident Visa holder who is either charged with or convicted of an offence involving driving with excess blood / breath alcohol[12]. If they haven’t yet been convicted, we are asked to provide the Court with an expert Affidavit explaining how a conviction could seriously damage their immigration status. This could be particularly helpful if they try for a Discharge Without Conviction under Section 106 of the Sentencing Act 2002. If the Section 106 application fails and the Resident Visa holder is convicted, Immigration New Zealand will start deportation action against them. As part of this process, the Resident Visa holder will usually be given the chance to give written reasons why deportation should be suspended or cancelled[13]. This may be the only real opportunity for the Resident Visa holder to argue their case with Immigration New Zealand, so the response should be carefully prepared. If the request is denied, they will be issued with a Deportation Liability Notice and the only options left at this point would be either to appeal to the Immigration and Protection Tribunal on humanitarian grounds, or to depart the country voluntarily.

In Summary

The moral of the story is:

Do your homework. Understand the conditions of your visa and if in doubt, seek legal advice; and

Don’t break the law. Over the years, we have seen many clients go through the unnecessary stress and trauma of losing their right to live permanently in New Zealand for reasons that could have been easily avoided.

The goal is not only to get residence, but to keep it once you’ve got it.

[1] See Instruction RA1.1 and Instruction RA1.5 of the Immigration New Zealand Operational Manual for the currency and nature of residence and permanent residence visas, respectively.

[2] See Instruction R5.66.5(a) of the Immigration New Zealand Operational Manual for exceptions relating to duration of travel conditions.

4 Responses to Beyond Residence

Thanks for a clear and simple document we could be aware of when we need to apply for resident/permanent resident visa for NZ I’m glad to learn all these from here for the first time What an efficient amazing share for us

I have tried to loom for a definite answer for this one but no luck so far.
What if sponsored parent fail to meet all the above requirement to show “commitment to New Zealand”? If there is a requirement, this means that if you don’t show commitment to New Zealand, there would be repercussions. The question is: what are the repercussions? Can INZ advise the applicant to return to their home country because you clearly have not shown any commitment to New Zealand for the past 5 years you have been here? Or does INZ says: oh too bad, stay another two years and try again because that would be very unfair on people who actually genuinely show commitment to NZ?

If they can’t meet the commitment to NZ requirement then they cannot get the Permanent Resident Visa. However, they keep their Residence. The problem is that their ability to travel outside New Zealand becomes limited – that is, they get restricted Travel Conditions on their Resident Visa.